COMMISSION
OF THE EUROPEAN COMMUNITIES
. ,,
&
Proposal for a COUNCIL REGULATION (EEC)
COM (82) 179 final
Brussels, 2 April 1982
amending Regulation (EEC) No 3661/81 on interim measures concerning application of the arrangements with Austria and Finland
concerning cheeses
Proposal for a COUNCIL REGULATION (EEC)
JUN
8
1982
amending Regulation (EEC) No 2915/79 in respect of the conditions of entry for certain kinds of cheese falling within certain tariff headings
and amending Regulation (EEC) No 950/68 on the Common Customs Tariff
(submitted to the Council by the Commission)
EXPLANATORY MEMORANDUM
Subject : Draft Council Regulation amending Regulation (EEC) No 3661/81 on
interim measures concerning application of the arrangments with Austria and Finland concerning cheese.
Draft Council Regulation amending Regulation (EEC) No 2915/75 in respect of the conditions of entry for certain kinds of cheese falling within certain tariff headings and amending Regulation (EEC) No 950/68 on the
Common Customs Tariff.
Among the draft Regulations in the "prices package" for the milk and milk products
sector
now before theCouncil is
is the Commission proposal for a Regulation amending .Regulation (EEC) No 2915/7 in respect of the conditions of entry for certain
kinds of cheese falling within certain tariff headings and amending Regulation '
(EEC) No 950/68 on the Common Customs Tariff.
In recent years these Regulations have been amended in connection with the fixing
of
new prices; but this time the Commission has proposeda
more substantial.
.
'amendment following the bilateral agreements with Austria and Finland on certain
kinds of cheese and a judgement of the Court of Justice of 9 July 1979 on the classification of Emmental cheese.
In principle, the CCT is amended only twice a year .(1 January and 1 July). If, in
exceptional cases, an adjustment proves necessary in the interim at least six weeks must be allowed for the customs authorities of the Member States to implement the amendments to the tariff headings.
In addition, the expected delayed adoption of the amendment to Regulation (EEC) No
2915/79 laying down the permanent measures for the application of the arrangements concerning cheese with the above-mentioned countries is also Liable to make the procedure take longer than the six-week period mentioned. The deadline of 16 April 1982 specified for the entry into force of these permanent measures will not therefore be met.
The above-mentioned factors call for the following amendments:
---·
2
-Temporary amendment (for the period up to 5 July 1982) of Regulation (EEC) No 2915/79 relating only to the free-at-frontier values with a view to adjusting
them to the target price for milk and the threshold prices for the forthcoming milk year. It should be noted that it is proposed in the draft referred to
in paragraph 1 that the Commission be authorized to make the mathematical adjustments to the minimum prices in question following changes in the target price in future;
Extension of the mandate given by the Council to the Commission to adopt interim measures for the application of the cheese agreements with Austria and Finland. This mandate expires on 15 April 1982 (see Council Regulation
(EEC) No 3661/81) and must therefore be extended-until 5 July 1982 so as not
.
PROPOSAL FOR A COUNCIL REGULATION (EEC)
amending Regulation (EEC) No 3661/81 on interim measures concerning application of the arrangements with Austria and Finland concerning cheeses
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products(1), as last amended by the 1979 Act of Accession, and in particular Article 14 thereof,
Having regard to Council Decision of 19 October 1981 on the conclusion of an
overall agreement resulting from the negotiations and consultations between
Austria and the European Economic Community concerning trade in various agricultural
products,
Having regard to the Council Decision of 3 December 1981 on the conclusion of an
agreement resulting from the negotiations and consultations between the European Economic Community and the Republic of Finland concerning trade in various
. l l d (2)
agr1cu tura pro ucts ,
Having regard to the proposal from the Commission,
Whereas the said agreements lay down special conditions for import of the products in question; whereas they are to enter into force at the same time; whereas this entry into force is scheduled for 1 January 1982;
(1) OJ No L 148, 28. 6.1968, p.13
-
4-Whereas Article 1 of Council Regulation (EEC) No 3661/81 lays down that the interim measures concerning application of the arrangements with Austria and Finland are to be adopted by the Commission; whereas Article 2 of the said Regulation, laying down as it does that the provisions relating to the interim measures are to apply until 15 April 1982, deprives the Commission Regulation of its legal basis after that date; whereas there is likely to be a delay in the adoption of the permanent measures•for the application of the arrangements, and the customs authorities may therefore need extra time to implement the provisions concerned; whereas adjustments to the CCT also take some time; whereas the
deadline of 15 April 1982 should therefore be extended,
HAS ADOPTED THIS REGULATION:
Article 1
The date 15 April 1982 referred to in the second subparagraph of Article 2 of Regulation (EEC) No 3661/81 is hereby replaced by 5 July 1982.
Article
2
This Regulation shall enter into force on the third day following its publication
in the Official Journal of the European Communities.
It shall apply with effect from 16 April 1982.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
-
5-PROPOSAL FOR A COUNCIL REGULATION (EEC)amending Regulation (EEC) No 2915/79 in respect of the conditions of entry for certain kinds of cheese falling within certain tariff headings
and amending Regulation (EEC) No 950/68 on the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European·Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of
the
market in milk and milk products(1), as last amended by the 1979 Act of Accession, and in particular Article 14(6) thereof,Having regard to the proposal from the Commission,
Whereas Annex II to Council Regulation (EEC) No 2915/79 of 18 December 1979 . determining the groups of products and the special provisions for calculating
levies on milk and milk products(2), as last amended by Regulation (EEC) No 3268/81(3), lays down certain conditions for the entry into the Community of Emmentaler, Gruyere, Sbrinz, Bergkase and Appensell cheeses falling within subheading 04.04 A 1 of the Common Customs Tariff, of Cheddar cheese falling within subheading 04.04 E I b) 1 and of other cheeses intended for processing and
falling
within subheading04.04
E I b) 5 aa); whereas those conditions include the free-at-frontier values as bound under GATT; whereas those values should be adjusted to the target price for milk and the threshold price for group 10 in the Community as fixed for the 1982/83 milk year;-
6-Whereas the minimum prices listed in Article 11 of Regulation (EEC) No 2915/79 for Tilsit, Butterkase, Kashkaval and cheese of sheep's milk or buffalo milk should also be adjusted to take account of world price trends;
Whereas the tariff nomenclature resulting from the application of Regulation (EEC) No 2915/79 is contained in the Common Customs Tariff,
HAS ADOPTED THIS REGULATION:
Article 1
Article 11 of Regulation (EEC) No 2915/79 shall be replaced by the following:
'Article 11
When it is observed that the price on importation into the Community from non-member countries of products falling within group II, originating in and coming from those non-member countries, is not less than:
221.34 ECU per 100 kilograms, in the case of products falling within subheading 04.04 E I b) .2, or
221.34 ECU per 100 kilograms, in the case of products falling within subheading 04.04 E I b) 3, or
233.43 ECU per 100 kilograms, in the case of products falling within subheading 04.04 E I b) 4,
the levy applicable per 100 kilograms shall be equal:
(a) if the product falls within subheading 04.04 E I b) 2 aa), to the threshold price less 221.34 ECU;
(b) if the product falls within subheading 04.04 E I b) 3 or subheading 04.04 E I b) 4, to the threshold price less 233.43 ECU;
(c) if the product falls within subheading 04.04 E I b) 2 bb), to the sum of the following components:
•
'
-
1-Article 2
1. The Common Customs Tariff annexed to Regulation (EEC) No 950/68 shall be amended as fo
llows:
(a) as shown in Annex I to this Regulation:
(b) by replacement of '241.58 ECU' in note b) relating to subheading . 04.04 E I b) 1 by '268.00 ECU' and
(c) by replacement of '217.82 ECU' in note c) ·relating to subheading 04.04 E I b) 1 by 243.82 ECU'.
2. Subheading 04.04 A of the Common Customs Tariff annex shall be amended as shown in Annex Il to this Regulation.
Article 3
.
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities .
It shall appty with effect from 1 Apri.l 1982.
This Regulation shall be binding in its·entirety and directly applicable in all Member States.
CCT
heading
No
ANNEX I
Description
2
8
-04.04 Cheese and curd (a) :
A. Emmentaler, Gruyere Sbrinz, Bergkase, Appenzell, Vacherin fribourgcois and Tete de moine, not grated or powdered :
1. Of a minimum fat content of 45 % by weight, in the dry matter, matured for at least two months in the case of Vacherin fribourgeois and at least three months in the case of the others (b):
a) Whole cheeses of a free-at-frontier value per 100 kg net weight of:
1. Not less than 343.28 ECU, but less than 367.46ECU
2.Not less than 367.46 ECU . . b) Pieces packed in vacuum or in inert gas :
1. With rind on at least one side, of a net weight of not less than
1 kg and of a free-at-frontier value per 100 kg net weight: aa) Of not less than 367.46 ECU but less than 391.64 ECU bb) Of not less than 391.64 ECU • .
....
...
2.Other, of a net weight of less than 450g and of a free-at- frontier value of not less than 425.49ECU per 100 kg net
weight . . . . . . . . . . ..
II. Other .
. . . . .
.
.
.
. .
.
. .
. . .
.
. . .
.
.
B. (Unchanged)C. (Unchanged)
D. (Unchanged)
-
-
--Rate of duty
Autonomous or %levy
(L)
3
23 (L)
l3 (L)
23 (L)
l3 (L)
l3 (L)
l3 (L)
23 (L)
Conventional % (c) (c)
.
(c) (c) (c) (c) (c)(a) The exchange rate to be applied in converting into national currencies the ECU referred to in the subdivisions of this heading shall, notwithstanding general rule CJ contained in Part 1, Section 1, be the representative rate, if such a rate is fixed for purposes of the common agricultural policy.
(b) Entry under this subheading is subject to conditions to be determined by the competent authorities. (c:) See Annex.
,
ccrheading No
-
9-ANNEX II
Description
Cheese and curd
A. Emmentaler, Gruyere, Sbrinz, Bergkase and Appenzell, not grated or powdered : I. Of a minimum fat content of 45 %by weight, in the dry matter, matured for at
least three months (a) :
a) Whole cheeses (b) of a free-at-frontier value per 100 kg net weight of: ex 1. Not less than 141-45 ECU, but less than 171.37 ECU (cxc:luding
Appenzell (c) (d) . . . . . . . . . . . . , . . . .. . . .
ex 2. Not less than 171.37 ECU (excluding Bergkase) (c)
b)
Pieces
packed in vacuum or in inert gas :1.With rind on at least one side, of a net weight:
ex aa) Of not less than 1 kg but less than 5 kg and of a free-at- frontier value of not less than 165.63 ECU but less than
205.52 ECU per 100 kg net weight (excluding Appenzell) (c)
(d) . . . .
ex bb} Not less than 1 kg and of a free-at-frontier value of not less than 205.52 ECU per 100 kg net weight (cl'cluding Bergkase)
(c) . . . • . . .. . . , . , , . , , . . . . , .
or equalto '
ex 2. Other, of a net weight of less than 450 g andof a free-at-frontier value of not less than 229.70 ECU per 100 kg net weight (other than Bergkase) (c) (e) . . . . . . . . . .
Rate of conventional
duty
24.18 ECU per 100 kg net weight
9.07 ECU per 100 kg net weight
24.18 ECU per 100 kg net weight
9.07 ECU per 100 kg
net weight
9.07 ECU per 100 kg net weight (a) Entry under this subheading is subject to ccmditions to be determined by the competent authorities.
(b) The expression 'whole cheeses' shall be taken to apply to whole cheeses of the following weights : Emmentaler : not less than
60 kg but not more than 130 kg : Gruyere and Sbrinz : not less than 20 kg but not more than 45 kg ;Berkase : not less than 20
leg but not more than 60 kg ; Appenzell : not less than 6 kg but not more than 8 kg.
(c) The Community reserves the right to apply value limits lower than those specified in the text of the concessions. With effect from 1July 1970 the value limits shall be adapted automatically on the basis of changes in the factors determining the formation of prices for Emmentaler in the Community.
Such adjustment shall be based on an increase or reduction of 16.93 ECU in the minimum value for any upward or downward movement of 1.21 ECU per 100 leg of the common target price for milk in the Community.
(d) The Community reserves the right to reduce customs duties autonomously from 24.18 BCU to 18.13 ECU subject to an
increase of 6.04 ECU in the value limits.
(e) Vacuum-packed pieces of a net weight of less than450 g qualify for the concession only if their packings bear atleast the following particulars : ' . . . .
- description of the cheese, - fat content,
